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The European Insolvency Regulation of 29 May 2000 was designed to ensure that the insolvency laws of EU Member States … which insolvency proceedings can be opened in Member States and supplies rules to regulate the scope and effects of, and the … insolvency in a single set of proceedings, opened in one Member State but effective in others, or at least — in cases where the …
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The "Centre of Main Interests" ("COMI") is one of the most relevant concepts in the international insolvency scene. It … is used as the main criterion to assign jurisdiction in cross border insolvency cases in the vast majority of the … European countries, the United States and every state that has incorporated UNCITRAL's Model Law on Cross Border Insolvency …
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After ten years, the European Insolvency Regulation (EIR, Council Regulation n. 1346/2000) is going to be reformed. The … fundamental freedom of establishment with the distortions caused by the "insolvency tourism". My final purpose is to confirm the …
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This article overall explores the legislative changes in corporate insolvency law that occurred over the past number of … the variations that can be found in the different Member States for the harmonisation of insolvency laws movement … current changes occurring within the Community. It especially looks at the European insolvency legal framework, notably the …
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where insolvency is impending according to the current uneven company-law framework and the harmonizing provisions drafted … directors' creditor-regarding duties where the business is nearing insolvency. Whilst they may theoretically constitute an … by enhanced directors' duties in the vicinity of insolvency. On the contrary, far from duplicating the remedies available …
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be relieved. This would be facilitated by more efficient insolvency procedures and further development of non …
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-liquidation insolvency proceedings, usually referred to as reorganization. Using the ECJ case law on the Directive, I conclude that although … capital do not present an insurmountable hurdle to the adoption of rational corporate insolvency law. As a side note, I also … unnecessary administrative burden on reorganizing European companies. -- bankruptcy ; insolvency ; reorganization ; registered …
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